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HomeMy WebLinkAbout94-06062 LBASB AGREEMENT ~.!. LEASE, made this 9th day of July ,191i BITHlEN CO.'OL!DA~ID PROPIRTII8, The Owner or Landlord, AND Brian Ain.leY (Hereinafter whether one or more, referred to as "Tenant") "I~1I18SIlTHI That OWner hereby leases to Tenant and the latter let. from the former, the apartment designated as: 111 8. Third str..t .6 L.moyne. PA 17043 hereinafter called the "premises", for the term of Twely. (12\ Month, beginning on the l11h day of July. 1994 and ending on the ~4tb day of JulY 1995, at the rent of Four Thousand Six Hundr.d Twenty and 00/100 ($4620.00) per year payable in monthly installments of Thr.. Hundred EiGhty Fiye and OO/lOQ Dollars ($385.00 I due on 15th of each and every month in advance, Thi. letting is upon the following terms and conditions: 1, ~. Tenant agrees to pay to Landlord the monthly rent set forth above on the l}1h day of each month in advance, at .uch place as Landlord shall designate, Tenant further shall pay a late charge of five (5') percent per month of the amount of rent in default on the ~ day of each month, If r.ntal is mailed, the postmark date will determine the day of payment, If any check for the r.nt i. returned to Landlord for insufficient funds or other reasons, a $20,00 service charge will be charged, 2. Waiver of Notice to Ouit. Tenant hereby waiveM the usual notloe to quit and agrees to surrender the premises at the expiration of said term, or the termination of this lease for what.ver reason, forfeiture or otherwise without notice from les.or what.oever. If proceedings shall be commenced by lessor to recover po.....ion of the premise., either at the expiration of the term or .arli.r t.rmination of tho lease, or for non-payment of rent, or for an other reason, tenant specifically waives the right to three (3) months notice and to fifteen (15) or thirty (30) days notice or any other notice required under the Landlord and Tenant Act of 1951 a. amended, and agree. that no notice whatsoever shall be required. ( 1) Exhibit "A" 3. T.nant ore-mature termination, Tenant may terminate thi. 1.... without caee prior to it. expiration date only by giving writt.n notice to Landlord at lea.t two full calendar month. (60 day.) in advanc. of the termination date effective from either the 1.t or 15th of any given month; and, if Tenant elect. to move prior to the termination date, Tenant mu.t pay to Landlord, at the time notic. h given, all rent due to the termination date, In any .vent, r.nt mu.t be paid to termination date prior to Tenant'. mov., upkeep of the unit mUlt be maintained to termination date, and utili tie. mu.t be maintained to termination date, If a t.rmination by the Tenant takes effect prior to the original t.rmination date, Tenant .hall also pay to Landlord at the time notic. of termination ie qiv.n liquidated damages for premature t.rmination which .hall be S385.00 if the lease terminates durinq the fir.t nine (9) month. of the leas. term, and which shall be two-thirds (2/ 3) of that amount if the lease terminates dudnq the 10th or 11th month. Should Landlord rent the unit prior to t.rmination date, Tenant shall be entitled to the return of hi. r.ntal payment in an amount equal to the rent received by Landlord prior to the termination date, less ($192,50) towards the cost of r.-rental. 4. Rental Increa.es and Renewals. Landlord may increase the monthly rent or change the term of this Lease on written notice to T.nant given at lea.t Seventy (70) days in advance of the ~_day of the month in which the increase in rent or change in Lease term i. effective, but Landlord may not make an increase or a change in the Lea.e term during the term of the Lease. Rent increases or change in Lease term shall take effect in the manner specified by Landlord unless Tenant shall terminate the Lease as provided in Paragraph 3 hereof, This lease shall continue for a like term under the same terms and conditions as stated herein unless either party shall give notice in writing to the other /?arty at least .ixty (60) day. prior to the end of this lease of h~s intention to t.rminate the lease agreement or continue same under changed terms or conditions. 5. ua.. No unit shall be used for any other purpoee other than a private dwelling for the Tenante or Tenants and his, her or their immediate family. No professional busineee or home occupation of any nature shall be permitted to be conducted within the Unit even if acces.ory to the main residential use of the Unit, Tenant .hall not permit or euffer anything to ba done or kept upon or within the Unit or which will interfere with the rights of the other occupant., annoy them with unreaeonable noiees or otherwise, nor will Tenant commit or permit any nuisance or commit or suffer any immoral or illegal act to be committed within the Unit. 6, Utilitie.. Tenant understands that equipment for utilitie. t.o ..n'ice t.he Unit is installed tlierein and Tenant agre.s that tho cost of utilities shall be paid as follows: (2 ) UTILITY Heating ot Premi.e. Heating ot Water tor Electricity aa. Water Telephone Cable TV Service Sewer Tra.h TO BE PAID BY premhe. OWner OImer Teaant 'lellant OWner Tenant Tenant OWner OWner Landlord .hall have the right temporarily to .top the .ervice. ot any utility in the event ot accident affecting the same or to facilitate repairs or alteration. made to the Building. 7. Care ot Premi.ns, Tenant shall use due care in the uae ot the premi.e., the appliance. therein, and all other part. ot Owner'a or Agent' a Property, It .hall be the re.ponsibility of the Tenant to repair and maintain, at Tenant'. expen.e, all afPliance. including, but not limited to, washer and dryer, electr c range, retrigerator, traah compactor, dishwasher and garbage disposal, In the event that any ot the foregoing appliances shall not be repairable, Landlord will, at Landlord's expense, replace said appliance. Landlord shall have full discretion as to whether any given appliance shall be repaired or replaced. Upon the expiration or .ooner termination of this L$ase, all appliances not in working c:ondition shall be repaired at Tenant's expense and the coat thereot shall be deducted from Tenant's security deposit as hereinatter provided. 8, Tenant's Property Rules and Reoulation. Concernin,g Use and OccuDancv, use and occupancy of the Unit, and other portions of the shall be subject to the tollowing regulations: A, No dog, cat or other animal of any kind will be brought, permitted or kept in the apartment or alsewhere on the Owner's property. B. Tenant(s) members of his (their) family, his (their vi.itors and .ervants shall not at any time make any noise, do anything or conduct themselves in any way which disturbs any other resident or interferes with the rights, comfort, or conveniences of any other resident, Musical or sound reproducing instruments or singing within the apartment shall be inaudible outside the apartment between 11 o'clock each night and 9 O'clock the following morning, C, No resident shall place or permit to be placed or lINlintained any aign or advertising matter or device or any roof aerial or other structure in any window of the apartment or el..where or upon the OWner's property. No resident shall plac. or permit to be placed or maintained any awning, acreen, () ) shade or blind in or at any window of prior consent of the Owner or Agent. and windows due to negligence will be the tenant, D, Tenant shall use plumbing and electrical installations only for their intended purposes and shall be fully responsible for the maintenance of same and for cleaning any stoppages in waste water lines. the apartment without Damage to storm doors the responsibility of E, Maximum occupancy: No more than-2DS person(s) will be permitted to occupy the apartment, designated as Brian Ainslev F, Tenant(s) agree(s) that Owner or Agent may change their regulations from time to time as may be required to protect the apartment or Owner's other property to add to tenant's enjoyment of it. G, Tenant (s) are allowed only I!lA parking space (s) in perking lot. H, No washer/dryer or dishwasher will be permitted to be kept or used at premises. 9, peliver of Possession bv Landlord. If, due to circumstances beyond Landlord's control, the Unit shall not be ready for occupancy at the beginning of the term herein provided, this Lease shall nevertheless remain in effect and the rent shall be abated proportionately until the Unit is ready and Landlord shall not be liable for delay; provided, if the Unit shall not be ready of occupancy sixty (60) days after the beginning of the term as herein provided, Tenant shall have the right to cancel this Lease by written noticft delivered to Landlord at any time after the expiration of sixty (60) days, but not after the Unit is ready of occupancy. Tenant's remedy shall be limited to such right of cancellation and upon such cancellation neither party shall have any further rights against the other, save Landlord shall repay any deposit made by Tenant, If Tenant shall occupy the Unit prior to the beginning of the term as herein provided, such occupancy shall be subject to the terms of this Lease and Tenant shall pay prior to occupying the Unit rent for the same period from the date of such occupancy to the beginning of said term. 10, Damaae bv Fire. If the Unit is damaged by fire or other casualty, Landlord shall repair within a reasonable time and rent ahall continue unless the casl/.alty renders the Unit untenantable, in which case this lease shall terminate and Tenant, upon payment of all rent to the date the Unit is surrendered, shall not be liable for any further rent. If only a portion of the Unit iB rendered untenantable, the Tenant may, with the mutual agreement of Landlord, alternatively choose to continue in possession and shall thereupon be entitled to a pro rata reduction in the amount of rent (4 ) provided that the election to proceed under this alternative shall not be a waiver of Tenant's right to terminate if repairs are not made within ninety (90) days, 11, ProDerty Damaae and Personal Iniurv, Tenant agrees that Landlord shall not be liable for property damage or personal injury occurring in the Unit or elsewhere on the Property unlen the damage or injury results directly from LandlQrd's negligence. T.nant is instructed to purchase, at Tenant's expense, a Tenant'. Hom.own.r's Policy to insure his personal injury to Tenant, other occupants, guests, or visitors, that occurs within the Unit or elsewhere on the Property. 12. Riaht of Entrv, Landlord, or any person authorized by Landlord, shall have the right to enter the Unit at. reasonable times to inspect, replace appliances as needed, and, after notice of t.rmination i. given, to show the Unit to prospective Tenants. Landlord shall give Tenants notice of his or their intention to .nt.r, if possible, However, Tenant consent shall not be necenary in case of emergency. 13, Securitv DeDosit. Tenant agrees to pay as security deposit the amount of Three Hundred Eiahty rive and 00/100 ($385,00) Dollars prior to the occupancy of the Unit, The security deposit shall be held by Landlord as security for the payment of all rent and other amounts due from Tenant to Landlord, for the Tenant's performance of this Lease and against any damages caused by T.nant or Tenant's family or other occupants to the Unit or the OWner's Property, Tenant understands and agrees that the security d.posit may not be applied as rent or as against any other amount due from Tenant to Landlord, without Landlord's written consent, and that monthly rent will be paid each month, including the laet month of the Lease term. within thirty (30) days following the t.rmination of this Lease, Landlord shall return the security d.po.it, less any deductions from it on account of amounts owed by T.nant to Landlord by check payable to all persons signing this L...., mailed to a forwarding address which must be furnished by T.nant in writing within twenty (20) days after removal from the Unit. 14. l?!lfault, A. If any rent for the Unit comes due under the terms of this L.ase and if the same remains unpaid for five (5) days after written notice thereof by Landlord to Tenant, there shall be deemed a default of this Lease. B. If Tenant fails to comply with any term, covenant or provi.ion of this Lease other than the payment of rent, and if ten.nt shall fail to make reasonable measures to cure such noncompliance wi thin fifteen (15) days after writ ten notice thereof by Landlord to Tenant, there shall be deemed a default of this l.a... (5) C, If Tenant shall file a petition in bankruptcy or receivership or if such a petition is filed against Tenant and reasonable measures to discharge same are not taken within thirty (30) days or written notice of such petition by Landlord to Tenant, there shall be deemed a default of this Lease, D, If Tenant shall make an assignment for the benefit of creditors or becomes insolvent, there ehall be deemed a default of this Lease. E, Upon default of this Lease, Landlord may enter the Unit as agent of Tenant and in Landlord's own right without being liable for prosecution or damages therefor and relet the Unit as agent of Tenant and receive rent therefor. F, Upon such entry, Landlord shall use reasonable efforts to relet the Unit, G, Upon such entry, all rights of Tenant to possess the unit under this Lease shall be forfeited. Such entry by Landlord shall not operate to release tenant from any rent to be paid or covenants to be performed during the full term of this Lease. H. Upon such entry, Landlord shall be authorized to make such reasonable repairs in or to the Unit as may be necessary to place the same in good order and condition for the purpose of reletting, I. Tenant shall be liable to Landlord for the reasonable costs of such repairs and all reasonable expenses in reletting, including, but not limited to, any real estate brokerage commission actually paid. 15. CONFESSION OF JUDGMENT FOR MONE~. TENANT AGREES THAT IF THE RENT OR ADDITIONAL RENT OR ANY CHARGE RESERVED IN THIS LEASE AS RENT SHALL REMAIN UNPAID FOR A PERIOD OF FIVE (5) DAYS AFTER WRITTEN NOTICE IS paOVIDED, THAT LANDLORD MAY CAUSE JUDGMENT TO BE ENTERED AGAINST TENANT, THAT FOR THAT PURPOSE TENANT HEREBY AUTHORIZED MID EMPOWERS LANDLORD OR ANY PROTHONOTARY, CLERK OF COURT OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGEMENT AGAINST TENANT AND AGREES THAT LANDLORD MAY COMMENCE AN ACTION PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURES FOR THE RECOVERY FROM TENANT FOR ALL RENT HEREUNDER, INCLUDING ALL ACCELERATION OF RENT PERMISSIBLE UNDER THE PROVISIONS OF THIS LEASE AND ALL CHARGES RESERVED HEREUNDER, AS WELL AS FOR INTEREST AND COSTS AND ATTORNEYS FEES OR COMMISSIONS, FOR WHICH AUTHORIZATION TO CONFESS JUDGMENT, THIS LEASE, A TRUE AND CORRECT COPY THEREOF, SHALL BE SUFFICIENT WARRANT. SUCH JUDGMENT MAY BE CONFESSED AGAINST TENANT FOR TNE FULL AMOUNT OF RENT AND ARREARS AND ALL RENT DUE TO THE END OF THE TERM HEREIN PROVIDED, AS WELL AS FOR INTEREST AND COSTS AND ATTORNEYS COMMISSIONS OF "IVE (5') PERCENT OF THE (6) 17. Subordination, Thia teaae ia aubject and aubordinate to the li.n of all exiating mortgage. and all mortgage. hereinafter plac.d upon any part of the Property which include. this Unit, Tenant agre.a, on requeat, to execute lIuch further inatrumenta .videncing auch aubordination aa Landlord may requeat, and, if Tenant faila to do ao, Landlord ia hereby empowered to do .0 in the nama of Tenant, 18, Aa.ianina and Sublettina, Tenant shall not assign thi. Leaae or .ublet all or any portion of the Unit without Landlord'a prior written conaent. 19. Declaration of Governina Laws, This Lease shall be gov.rned by, construed and enforced in accordance with the laws of the Conunonwealth of Pennsylvania, 20. Cumulative Remediea. The specified remedies to which tandlord may re.ort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of r.grea. to which Landlord may be lawfully entitled in case of any default or threatened default by the Tenant of any provision or provi.ion. of this Lease, 21. Entire Aareement and Modification. This Lease contains the .ntire agr.ement between the parties and any executory agra.ment. her.aft.r made ahall be ineffective to change, modify or diacharge this Lease in whole or in pa~t, unless auch executory agr.e_nt ia in writing and aigned by the parties against whom .nforcement of the Lease, modification or discharge i. sought. 22, L.aae Bindina Ucon Heirs. Executors. Administrators. 8ucc..aora. and A..ians. The term "Tenant" used herein .hall ref.r coll.ctively to all persons named above, and signing this lease as Tenant, and the liability of each .uch peraon shall be joint and aev.rai. Notice giv.n by Landlord to any peraon named as Tenant or by any auch p.rson to Landlord, .hall bind all per.ons .igning thi. l.aa. aa Tanant. Th. t.rm "T.nant" ahall alao r.fer to any peraon. naad a. h.ir., executors, administrators, 8uccessors, of the r.ap.ctive partie8 hereto as if they were in every ca.e named and .xpr....d. 23. S.v.rabilitv. If any provi.ion of thi. Lea.. .hall b. declar.d invalid or unenforceabl., the remaining provi.ion. of thi. t.a.. .hall continue in full force and .ffect, ee) , , .....< . . 0- ,~ , . L~ I.:!. . , 7- , , ""< 0: , ,. I] !l r..l~ '" .. :: ;j ~ =:> I' ~ ~~ . I.. ~l ~! ~c.i I1l I ~ 1;; 1 ,..ll ~~ " I . .......8 ..... I ~g;~>-~ , ~ ~ ~ , II ..1' ~ LC!........ Po< e ,. ~i 'I .... 08 . :t ... C"l ! ~ -.:: ~ , >-' u: I ~ ..ll. , l- I ~ It- N' "Q , o8cj I . ,... ~! :';'i!: ., ~::e . 1....t0 ..... <, " ' ~~ j!:. 8:S , Iol ~" .. ~! ll. ~ " . :t ;1 ~i .. :i ; ~ ;.0: I ~ j 'I! , ;1: .. 0 ~~ .. z ...u I . 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